How JustAnswer Works:

Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD, Attorney

Category: Legal

Satisfied Customers: 3999

Experience: Experienced in both state and federal court.

45002201

Type Your Legal Question Here...

Chris T., JD is online now

Hi there, I had a internet Gaming Account I played for around

Resolved Question:

Hi there, I had a internet Gaming Account I played for around a year I had invested about $300. US into and around 3000 hours of time. Ive been suspended multiple times for various things such as swearing, but I was suspended 3 times for reasons that havnt been answered and wasnt my fault to begin with. My account was just terminated due to multiple apperent violations but I know atleast 3 accumilated violations that werent my fault. The gaming company named NCsoft refuses to tell me what I did wrong. I asked 2 times in email to provide evidence of me actualy violating a TOS.

My question is, can I seek legal help if this is actualy discrimination?

The question here is whether you had a contract with the website. Did you pay a membership fee? What was the $300 spent on?

Customer:

No membership fee. I purchased the physical disc for the game for my PC $156. USD Ive purchased several add on's to expand the game and the game consists of over 3000 hours of time ive spent on it in little under a year. NCsoft internet gaming company moderates the game, and the developers (Arena.net) have limited power for game accounts. NCsoft Game Moderators (GMs) reply to emails from customers and respond accordingly. Ive had many replys from GMs over the year for various reasons of contact. Ive had a fiew poor choices in character names which I disputed for nearly 3 months with them and finaly they just told me to shut and go away. This counts as a Accumilated violation and each 1 adds a mark to my account. 3 of which supposed violations were uncalled for and werent my fault. 2 name violations, and 1 verbal. Ive appealed each violation but was met with ignorance and deluded and hidden meanings behind each reply. Pretty much telling me to stuff it and go away. I want to know if I can sue them to gain my account back in court under certain litigations?

Customer:

Ive also tried to Appeal each violation I felt I wasnt in the wrong for and was denied each time. Each reply was met with Shut Down speachs. I signed a Terms of Service agreement when I created the game account and it includes many paraphrases that would void any confrintation legaly for their services but I believe that a fiew GM's have taken personnal interest of vengance to terminate the account and even go as far as spy or stalk me ingame.

Customer:

The GM's replys in the past have fed me false imformation and misled me to believe that the recommended gaming option for chat options "Chat Filter" would prevent such TOS violations in the future and using such options would void any vulger language spoken aloud to anyone in the game. But the fact is, the Chat Filter works 1 way. It blocks all incoming profanity in chat, and here I was for almost a month talking to people in game. Using profanity at times and unaware that people could read what I wrote. Not only was I humiliated but punished for it as well, and ultimately added to a accumilated mark system.

Customer:

Not only did they lye to me but they also refused to let me appeal this violation. Theres also no such detailed information attributed to the chat filter which led to my punishment that would indicate that the chat filter would work as it does.

TexLawyer :

OK. Thanks for the reply. Let me do a little research and I'll get back with you later this afternoon.

Customer: Ok thank you so much for your time. =)

TexLawyer :First off, you a standard TOS gives the merchant the exclusive right to determine what is or isn't a violation of the terms. I'm assuming that's the case here.

TexLawyer :As such, they essentially retain complete control over who can and can't use their platform (with a few exceptions).

TexLawyer :So, you don't have an inherent cause of action. Since you don't, the second thing one would look to is whether you have an actionable contract, so you could sue for breach of that contract. Here, since you weren't paying a subscription, you don't have a contractual relationship. In order to have a contract, there must be some form of consideration (i.e. an exchange of money for a service). It appears you don't have a contract that would support a cause of action.

TexLawyer :Now, as I said earlier, there are exceptions, but they are very limited. You could have a cause of action against the website if you can show that they discriminated against you based on your race, gender or religious preference.

Customer: I dont know if you would consider gem buying, paying real cash for game items as a contract as it is bought and paid for with real money. I had a considerable ammount I bought as well around $150. worth. But the fact that they refuse to show evidence of me actualy violating their TOS inclines me to "believe" that they have something against me. Whether its due to me having a mental disability or a problem swearing. This is also part of my disability and they have shown disregard to the fact I cant control it sometimes. If you would like, I can forward every email ive ever writen to ncosft and replys Ive gotten back. but I must warn you...theres potentualy 1000+ Because ive delt with Ncsoft on previous games as well for around 5 years now. I dont know whether they have shown me any kind of discrimination to be honest. I have a hard time understanding the meaning. But I know this much, I sent ncsoft an extremely hatefully angry email just prior to my accounts termination saying I'd laugh 1 day if someone "not me" would kill them all" I have a feeling all this has resulted from that 1 email and which leads me to believe they acted outside the relms of the game. This goes against Ncsofts code of employee conduct and ive read their GM Employee rules. Rules they must fallow, and they obviously broke a fiew of their own rules. Acting beyond the game and took it personnaly and acted on it. Which raised my suspicions even more when they refused to give me a reason for my termination. Because they didnt have any proof of me actualy violating any TOS. But instead broke vital employee regulations.

Customer: I dont know if this is damaging evidence or not or if I could sue based on those conditions but I do know some should be fired for it. I appreciate you looking into this for me and the extent you went into finding the details for this situation for me.

Customer: I just remembered something. I had a Guild Wars 1 Account that was terminated around 2 yrs ago. I tried to kill myself and was sent to a physc ward for 2 weeks and had severe depression for months after it. The game account had over 37,000 hours on it. pretty much 5 yrs of my life 8-14 hrs a day sometimes even 20. I socialy deprived myself and issolated myself many times after the game account was terminated and I told Ncsoft GMs back then that I was a disabled vet. I had serious issues back then and was trying to recover from Severe PTSD. I still deal with it to this day but not as extreme. I suffered emotional loss and feel that due to this action I suffered greatly. I dont know if they can be held accountable for my pain and suffering but I did suffer greatly. Back then, very simmilar cercumstances accured where GM's wouldnt really give a damn even like today about situations ingame that would arise and consiquently just brush incidents i had and disputes with other players off. Leading ultimatly to the account termination. The game was my ONLY outlet at the time as I just came back from the war, and I didnt have any freinds in the area. The game was my life and freinds I had online were my only sourse of communication and socialization. Cut off from this soucer like now but not as extreme I was going to run myself in front of a truck. Infact ive had these same thoughts a fiew times after my Guild Wars 2 account was terminated.

Customer: Is this due cause to persue legal action? I was humiliated, rubbed the wrong way, scolded and tortured. It may sound silly but Its just the way I felt and I get sick right now just thinking of the situation I was in when this all happened. It took years to get over it. Here I am in the same situation and begging for help. I didnt know about legal aid or if I could ask an attorney before.

TexLawyer :Thanks for your reply. It certainly sounds like a difficult situation for you, and I really wish there was an easy legal fix, but I just don't see one. In order to prove a discrimination case, you would need to show that you were treated differently than other people, and that difference in treatment was because of your disability. Simply having a disability and being removed from the game is not enough; you would need to be able to show a connection between the removal and your disability.

TexLawyer :You may have a a contractual relationship created by the purchase of the items for the game, but your losses would be limited to the money you spend (i.e., no pain and suffering or compensation for the time you spent building your character). Since you spent $150, a lawsuit may not be worth your time and expense.

TexLawyer :I'm sorry for the bad news, but I can only give my honest assessment of the law and how it applies to your case.

Customer: I see, well in regards XXXXX XXXXX issue then I conclude that im screwed. I purchased gems 3 times from what I recall over a period of 7-8 months. If this isnt contractral then I dont know what is. The account was also special due to its special conditions of purchase and rarity. So any legal action to retake the account is worth it. I may not have the money now, but when I save up i will hire an attorney based on the contractral litigation. Thank you for your efforts and I believe this will conclude my inquire.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. LeeMichigan

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

147 Lawyers are Online Now

Type Your Legal Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).